Birmingham, AL (WIAT) - U.S. District Judge Sharon Blackburn has issued a 115 page opinion breaking down the legality of Alabama's newest Immigration law.

A federal court opinion shows that several sections of Alabama’s much debated immigration law may be unconstitutional.

But not all of them... In fact, the opinion is careful to preserve state's rights.

The sections enjoined were done so because Judge Sharon Blackburn found the language to pre-empt federal law.

What that basically means is that Alabama cannot impose a penalty on someone working in the state, even if they are in the state illegally.

Under federal law unregistered immigrants have certain rights. One of those rights includes the right to work.

But employers do not have the right to knowingly employ someone who is in the country illegally.

That means by federal law... The employer must be punished and not the employee.
And that's why section 11 has been enjoined.

The opinion finds that section 13 is unconstitutional because the law would have Alabama take on a primary role in criminalizing the transportation or concealment of illegal aliens...
That power is exclusive to the federal government.

Meanwhile, Judge Blackburn opines that sections 16 and 17 are unconstitutional because the state of Alabama would have to sanction the employment of an unregistered alien before the state could implement tax related penalties.

But there is plenty that judge Blackburn feels that Alabama can do.

The state under section 10 can fine someone who is found to be unregistered 1-hundred dollars and impose up to 30 days in jail.

Law enforcement can also make a reasonable attempt to determine legal status with reasonable cause.

People who are detained in Alabama who cannot provide a valid driver’s license may be held until status is verified... And if not then be turned over to federal authorities.

And perhaps the most debated part of the bill is also upheld... School systems will be required to determine the legal status of students but cannot deprive those students of enrollment.

The final ruling of the day refers to concerns raised by the Hispanic Interest Coalition of ALABAMA.

Judge Blackburn has enjoined the State of Alabama from preventing illegal immigrants from enrolling and attending post secondary schools.

And the State of Alabama cannot prevent immigrants or any other group from assembling in hopes of attaining work by a third party by standing on the side of the road or assembling in a parking lot.



FROM AP:


BIRMINGHAM, Ala. (AP) - A federal judge refused Wednesday to block key parts of a closely watched Alabama law that is considered the strictest state effort to clamp down on illegal immigration, including a measure that requires immigration status checks of public school students.
   
U.S. District Judge Sharon Blackburn, appointed by Republican President George H.W. Bush, wrote in her 115-page opinion that some parts of the law are in conflict with federal statutes, but others aren't.
   
She said federal law doesn't prohibit checking students or suspects pulled over by police. She also refused to stop provisions that allow police to hold suspected illegal immigrants without bond; bar state courts from enforcing contracts involving illegal immigrants; make it a felony for an illegal immigrant to do business with the state; and make it a misdemeanor for an illegal resident not to have immigration papers.
   
She didn't say when those and other parts of the law could take effect, but her previous order blocking enforcement expires on Thursday. Neither Gov. Robert Bentley nor Alabama Attorney General Luther Strange had any immediate comment on when the state would begin enforcing parts of the law.
   
Blackburn's order temporarily blocked four parts of the law until she can issue a final ruling. Those measures would:
   
- Make it a crime for an illegal immigrant to solicit work.
   
- Make it a crime to transport or harbor an illegal immigrant.
   
- Allow discrimination lawsuits against companies that dismiss legal workers while hiring illegal immigrants.
   
- Forbid businesses from taking tax deductions for wages paid to workers who are in the country illegally.
   
Blackburn heard arguments from opponents including the Obama administration, immigrant-support groups and civil libertarians before it was supposed to take effect Sept. 1. The Justice Department contended the state law encroaches on the federal government's duty to enforce immigration law, and other opponents argued it violated basic rights to free speech and travel.
   
She put the entire law on hold last month, but didn't rule on whether it was constitutional, saying she needed more time.
   
Similar, less-restrictive laws have been passed in Arizona, Utah, Indiana and Georgia, and federal judges already have blocked all or parts of those.
   
Immigration became a hot issue in Alabama over the last decade as the state's Hispanic population grew by 145 percent to about 185,600. While the group still represents only about 4 percent of the population, some counties in north Alabama have large Spanish-speaking communities and schools where most of the students are Hispanic.
   
Alabama Republicans have long sought to clamp down on illegal immigration and passed the law earlier this year after gaining control of the Legislature for the first time since Reconstruction. GOP Gov. Robert Bentley signed it, saying it was vital to protect jobs of legal residents.
   
Both supporters and critics say it is the nation's toughest partly because of a section that would require public schools to verify the citizenship status of students and report statistics to the state. Illegal immigrants wouldn't be barred attending public schools, but opponents contend the law is designed to decrease enrollment by creating a climate of fear.
   
In a statement on behalf of 150 United Methodist pastors who signed a letter opposing the law, Revs. Matt Lacey and R.G. Lyons said church leaders were "pleased to see some of the harsh and far-reaching elements of the law have been struck down."
   
"We feel that many of these elements, written by members of the State House and Senate who campaign on Christianity, are not representative of the message of Christ who welcomed the stranger despite country of origin or status," they said.

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